Legal Question in Intellectual Property in Maryland

False patent marking

If I was injuried by a product that had patent pending stated on the product. How does the plantiff ask the judge to ask the defense to produce a patent. The plantiff has evidence that was filed to courts that they companies do not have one. The companies keep on avoiding the patent question. Also this product case the plantiff injury and the consumer protection agency was contact and the report was sent to the organizations. A letter was submitted by uspto stating that a patent was not filed with them.


Asked on 6/19/09, 11:21 am

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: False patent marking

The entity selling the product would be liable. If the patent is invalid then you would look to the equity owner.

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Answered on 6/19/09, 7:08 pm
Sarah Grosse Sarah Grosse, Esquire

Re: False patent marking

Whether a patent is pending has no bearing whatsoever on a product liability claim.

False patent marking is illegal. However, any action against the product manufacturer regarding the patent pending issue would be an entirely separate claim, and would quite possibly need to be brought in a different court from the product liability claim.

Any patent status does not imply a safety endorcement from the government. Quite the contrary.

I assume you have an attorey handling your product liability suit? Please have him/her explain to you what IS important in that lawsuit, rather than chasing this patent pending issue which is not important to that lawsuit.

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Answered on 6/20/09, 6:42 am


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